Tag: administrative state
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U.S. Supreme Court hears oral argument in case about presidential control of independent agencies
On December 9, the U.S. Supreme Court heard oral argument in Collins v. Mnuchin, a case about the extent of the president’s appointment and removal powers and control of independent federal agencies. The U.S. Supreme Court will decide whether restrictions Congress placed on the ability of the president to remove the director of the Federal…
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U.S. Supreme Court agrees to hear case challenging HHS approval of state work requirements for Medicaid beneficiaries
On December 4, the U.S. Supreme Court agreed to hear a case involving agency approval of work requirements for state Medicaid beneficiaries. In Azar v. Gresham, the court will decide whether the Medicaid statute empowers the secretary of the U.S. Department of Health and Human Services (HHS) to approve state plans to use work requirements…
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U.S. Third Circuit Court of Appeals rejects judicial deference to agency commentary that expanded sentencing guidelines
On December 1, the U.S. Court of Appeals for the Third Circuit ruled unanimously in U.S. v. Malik Nasir that courts should reject judicial deference to United States Sentencing Commission commentary that expands federal sentencing guidelines. The case involves Malik Nasir’s marijuana conviction and the decision to sentence him as a career offender using definitions…
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U.S. Supreme Court hears oral argument in case involving when people may challenge IRS regulations
On December 1, the U.S. Supreme Court heard oral argument in CIC Services v. Internal Revenue Service, which asks whether a law that blocks preemptive lawsuits against tax collection applies to potentially unlawful regulations issued by agencies that are not taxes. CIC Services, LLC argues citizens should be able to “challenge illegal regulations in court,…
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Federal Register weekly update: More than 3,000 final rules published so far in 2020
The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s regulatory activity. From November 23 to November 27, the Federal Register grew by 1,824 pages for a year-to-date total of 76,418 pages. Over the same…
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Federal Register weekly update: More than 300 presidential documents published so far in 2020
The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s regulatory activity. From November 16 to November 20, the Federal Register grew by 1,696 pages for a year-to-date total of 74,594 pages. Over the same…
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Department of Health and Human Services proposes to sunset regulations
The U.S. Department of Health and Human Services (HHS) on November 4 published a proposed rule in the Federal Register that would sunset all of the agency’s regulations. The sunset process would set a 10-year expiration date for each agency rule, with certain exceptions, unless the agency conducts a retrospective review to keep the rule…
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Federal Register weekly update: Three new significant proposed rules
The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s regulatory activity. From November 9 to November 13, the Federal Register grew by 1,676 pages for a year-to-date total of 72,898 pages. Over the same…
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Ballotpedia study shows that 25 state APAs and constitutions specify qualifications for administrative agency leaders
A Ballotpedia survey of all 50 state constitutions and administrative procedure acts (APAs) revealed that 25 state APAs and constitutions specify qualifications for administrative agency leaders and the other half of the states do not specify any required qualifications as of November 2020. Administrative agency leaders are those who direct the activities of state agencies.…
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U.S. Supreme Court agrees to hear Appointments Clause challenge to Social Security Administration ALJs
On November 9, the U.S. Supreme Court agreed to hear Carr v. Saul, a case involving the president’s appointment and removal power and whether people may raise Appointments Clause arguments in court that they did not make during administrative proceedings. The Social Security Administration (SSA) denied Willie Carr’s application for Social Security disability benefits and…